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Thursday, March 28, 2024 | Back issues
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EU Explains Protocol for Nations to Ban GMOs

(CN) - France erred in its ban on genetically altered corn, the European Union's high court ruled, clarifying the means by which member states can invoke a safeguard clause against cultivation of genetically modified organisms.

Agricultural giant Monsanto had sought review after France banned a type of genetically modified corn used in animal feed.

The EU authorized the corn, which contains genes modified to combat a corn parasite, in 1998.

Under EU rules, authorization for the corn expired in 2007. By the next year, France invoked a "safeguard clause" preventing cultivation of the maize within its borders. Monsanto, meanwhile, has applied for renewal of authorization, which is still pending.

The Luxembourg-based Court of Justice ruled that cultivation of a GMO authorized as an existing product and pending renewal may not be suspended under a 2001 EU directive that applies to all GMOs. France had used this directive for its ban.

Member states may, however, invoke the safeguard clause under a 2003 directive related to GMOs for human or animal consumption. But this may be done only through a specific procedure, the court said.

Member states must officially inform the European Commission as quickly as possible, the court's ruling said.

Most importantly, they must establish a link between the GMO crop and "serious" risk, in a complete scientific evaluation involving the European Food Safety Authority, the court continued.

Such a risk assessment may be based on the precautionary principle, the court concluded.

French authorities have said they will start a new process to invoke the clause, if necessary.

Six other member states - Austria, Bulgaria, Greece, Hungary, Germany and Luxembourg - currently ban the cultivation of genetically altered crops.

Under the new court ruling, it would be up to them to establish a link of risk to human or animal health, or to the environment.

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